San Carlos Apache Criminal Ordinance
SECTION ONE
GENERAL PROVISIONS
Section 1.1 Tribal Policy Regarding Criminal Offenses
The San Carlos Apache Tribe will prosecute and punish the criminal offenses
defined in this ordinance and elsewhere in the Tribal Law & Order Code. Tribal
jurisdiction over criminal offenses shall not affect the power or authority of any other
courts that may have lawful concurrent jurisdiction.
Section 1.2 Territorial Jurisdiction
The San Carlos Apache Tribe shall have criminal jurisdiction over all territory
within the boundaries of the San Carlos Apache Reservation.
Section 1.3 Criminal Jurisdiction
The San Carlos Apache courts shall have criminal jurisdiction over any person of
Indian descent who is a member of or is eligible to be a member of any tribe recognized
by the United States government when such Indian commits an offense within the
exterior boundaries of the San Carlos Apache Reservation.
Nothing in this code shall be interpreted as limiting the civil or criminal
jurisdiction of the San Carlos Apache Tribe over non-Indians if such jurisdiction is
recognized by the laws of the United States.
Section 1.3 Concurrent Jurisdiction
The San Carlos Apache Tribe shall exercise concurrent jurisdiction with respect
to any offense defined in this ordinance over which a federal court also has lawful
jurisdiction.
Where concurrent jurisdiction applies, the tribal court shall determine whether the
federal authorities will exercise jurisdiction and prosecute the alleged offender. In
making this determination, the tribal court may use any information available. If the
tribal court determines that federal authorities will exercise jurisdiction, the tribal court is
authorized to turn the alleged offender over to the federal authorities.
Prosecution of the offense by federal authorities does not preclude prosecution by
the tribal courts.
Section 1.4 Crimes Committed by Non-Indians
Non-Indians are expected to abide by tribal laws and ordinances and to respect
the traditions and customs of the San Carlos Apache Tribe. A non-Indian who fails to do
so may be expelled and excluded from the San Carlos Apache Reservation.
A non-Indian who violates any law of the State of Arizona while on the San
Carlos Apache Reservation shall be detained by tribal authorities until custody of such
person can be transferred to the appropriate non-tribal authorities.
Section 1.5 Statute of Limitations
The statute of limitations for offenses defined in the San Carlos Apache Penal
Code shall be one (1) year from the date that the offense occurred or one (1) year from
the date the offense was discovered, whichever is later.
If no complaint has been filed against the alleged offender within the prescribed
statute of limitations, the alleged offender may not be prosecuted, fined, or punished for
that alleged offense. The statute of limitations period shall begin when the last act
constituting the offense occurred.
The statute of limitations period does not run during any time when the alleged
offender is continuously absent from the San Carlos Apache Reservation or has no
ascertainable place of residence with the reservation.
GENERAL PROVISIONS
Section 1.1 Tribal Policy Regarding Criminal Offenses
The San Carlos Apache Tribe will prosecute and punish the criminal offenses
defined in this ordinance and elsewhere in the Tribal Law & Order Code. Tribal
jurisdiction over criminal offenses shall not affect the power or authority of any other
courts that may have lawful concurrent jurisdiction.
Section 1.2 Territorial Jurisdiction
The San Carlos Apache Tribe shall have criminal jurisdiction over all territory
within the boundaries of the San Carlos Apache Reservation.
Section 1.3 Criminal Jurisdiction
The San Carlos Apache courts shall have criminal jurisdiction over any person of
Indian descent who is a member of or is eligible to be a member of any tribe recognized
by the United States government when such Indian commits an offense within the
exterior boundaries of the San Carlos Apache Reservation.
Nothing in this code shall be interpreted as limiting the civil or criminal
jurisdiction of the San Carlos Apache Tribe over non-Indians if such jurisdiction is
recognized by the laws of the United States.
Section 1.3 Concurrent Jurisdiction
The San Carlos Apache Tribe shall exercise concurrent jurisdiction with respect
to any offense defined in this ordinance over which a federal court also has lawful
jurisdiction.
Where concurrent jurisdiction applies, the tribal court shall determine whether the
federal authorities will exercise jurisdiction and prosecute the alleged offender. In
making this determination, the tribal court may use any information available. If the
tribal court determines that federal authorities will exercise jurisdiction, the tribal court is
authorized to turn the alleged offender over to the federal authorities.
Prosecution of the offense by federal authorities does not preclude prosecution by
the tribal courts.
Section 1.4 Crimes Committed by Non-Indians
Non-Indians are expected to abide by tribal laws and ordinances and to respect
the traditions and customs of the San Carlos Apache Tribe. A non-Indian who fails to do
so may be expelled and excluded from the San Carlos Apache Reservation.
A non-Indian who violates any law of the State of Arizona while on the San
Carlos Apache Reservation shall be detained by tribal authorities until custody of such
person can be transferred to the appropriate non-tribal authorities.
Section 1.5 Statute of Limitations
The statute of limitations for offenses defined in the San Carlos Apache Penal
Code shall be one (1) year from the date that the offense occurred or one (1) year from
the date the offense was discovered, whichever is later.
If no complaint has been filed against the alleged offender within the prescribed
statute of limitations, the alleged offender may not be prosecuted, fined, or punished for
that alleged offense. The statute of limitations period shall begin when the last act
constituting the offense occurred.
The statute of limitations period does not run during any time when the alleged
offender is continuously absent from the San Carlos Apache Reservation or has no
ascertainable place of residence with the reservation.
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"Protecting and
serving members and
visitors of the San
Carlos Apache Tribe"
serving members and
visitors of the San
Carlos Apache Tribe"